Al Falah Trust money laundering case: Court denies interim bail to Jawad Ahmed Siddique on wife’s medical condition

New Delhi [India], June 9 (ANI): Saket District Court on Tuesday rejected two pleas of Jawad Ahmed Siddique seeking interim bail on the grounds of the ailments of his wife, who is suffering from Cancer. The court termed the applications devoid of merit in view of changed circumstances. He has been arrested by the Enforcement Directorate (ED) in a money laundering case linked to Al Falah Trust.
He was earlier granted interim bail on the same grounds on February 7. However, it was challenged by the ED before the Delhi High Court.
Additional Sessions Judge (ASJ) Sheetal Chaudhary Pradhan rejected the interim bail applications, saying, "I am of the considered view that both applications moved on behalf of the accused/applicant are devoid of merit and hence dismissed."
While dismissing the applications, the court noted that in the present matter, the accused has failed to show that his wife is terminally ill or is unable to take care of her daily routine and requires his constant support and further, that there is no other adult member or caregiver who can be made available for the wife of the accused.
The court said, "Further, the court cannot lose sight of the fact that the previous interim bail application of the accused was allowed only for the reason that there was a war-like situation, and his three adult children were unable to travel to India."
"However, no such situation or circumstances are prevailing now, and the submissions made on behalf of the accused that his adult children cannot travel due to studies are discarded. It is expected of adult children to take care of their parents in such emergent situation, and it cannot be said that the children cannot be caregivers to their mother," ASJ Pradhan said in the order on June 9.
Jawad Ahmed Siddique sought interim bail for a limited and specified period of six weeks to enable him to attend to and care for his wife during the critical and ongoing phase of her treatment.
It was argued that the absence of any alternative caregiver is a matter of record. "His parents are deceased, his wife's father has expired, and her mother is elderly, aged over 75 years, and comorbid. His three children have been residing in the UAE since 2017 and 2019, well before the onset of the wife's illness. The eldest son must remain in the UAE to look after his younger siblings, and there are no other adult family members residing with the Applicant's wife."
Counsel for the accused also submitted that the grant of interim bail on medical and humanitarian grounds will not, in any manner, prejudice the integrity of the investigation or the trial, for the reasons that he is not a flight risk, he is 61 years of age with deep roots in India, and his gravely ill wife requires his presence at Delhi.
On the other hand, the counsel for ED opposed the interim bail application, saying the grounds urged by the Petitioner are substantially similar to those raised in the main bail application, and no separate urgent or supervening circumstance has been shown warranting the grant of interim bail pending disposal of the main bail application.
It was argued that hat the Petitioner has failed to make out any exceptional, urgent or legally sustainable ground for the grant of interim bail. "Grant of such relief would adversely affect the ongoing proceedings and may prejudice the prosecution's case."
It was submitted that the material on record clearly establishes that the Applicant exercises control over multiple entities and financial channels, including the routing of funds through layered transactions and entities with foreign linkages. The existence of such financial capacity, coupled with his access to resources and cross-border financial exposure, gives rise to a reasonable apprehension that the Applicant may evade the process of law if enlarged on bail.
The ED also argued that there is a grave likelihood of tampering with the evidence. That, out of the total 45 witnesses in the present case, three are family members of the respondent, and eighteen are employees (both current and former) working directly under him.
The investigation agency said that in view of the influence that the respondent exercises over his relatives and employees, there exists a high likelihood of tampering with witnesses if the respondent is released on interim bail.
On February 7, the court granted two weeks' interim bail to Jawad Ahmed Siddique. He was granted interim bail on the grounds of his wife's medical condition. His wife is suffering from cancer. (ANI)